Template:Melacha on Erev Pesach
From Halachipedia
After Midday
- It is forbidden to do melacha gemura (complete work) on erev pesach after midday (Chatzot) even for free.[1] It is forbidden to do any melacha, even not a melacha gemura, for profit after midday.[2]
- What is melacha gemura? Any melacha that is a complete activity is melacha gemura, however, just fixing something is not considered melacha gemura.[3] For example, making a utensil[4] or sewing clothing is melacha gemura, while mending clothing is not melacha gemura.[5]
- Writing for oneself (not to make money) is not melacha gemura and is permitted even after midday.[6]
- If Erev Pesach falls out on Shabbat the prohibition to work on Erev Pesach does not apply to Friday.[7]
- It is permitted to ask a non-Jew to do work for you after midday.[8]
- Anything permissible on Chol Hamoed, such as work to prevent a loss, or unskilled labor and there is a need for the holiday, is permitted on erev Pesach.[9]
Buying Groceries and Business
- It is permitted to buy food for Pesach after chatzot of erev pesach.[10]
- Some poskim permit doing business, just buying and selling (not melacha), after chatzot until two and a half halachic hours before sunset.[11] However, others write that the minhag is to be strict and forbid this.[12]
Laundry and Fixing Clothing
- It is forbidden to do laundry after midday on Erev Pesach.[13] It is permitted to give your laundry to a non-Jew to do after midday.[14]
- It is permitted to start a laundry machine before chatzot even though it is going to finish after chatzot.[15]
- It is permissible to iron clothes,[16] sew buttons, or perform minor mending even in a skilled manner.[17]
Haircut and Shaving
- Although a person should certainly take a hair cut and shave before chatzot, if a person forgot after chatzot he may get a non-Jew to cut his hair.[18] A minority opinion permits cutting it yourself after chatzot if he cannot find a non-Jew to do it.[19]
- It is also forbidden to get a haircut or a shave unless by a non-Jew,[20] to sew new clothing,[21] and to do laundry except by a non-Jew after mid-day.[22]
- It is preferable to polish shoes before midday but if he did not it is permitted to do so after midday.[23]
Cutting Nails
- It is permitted to cut one's nails after midday on erev pesach if one forgot to do so beforehand.[24]
- Preferably, one should cut his nails before chatzot but if one forgot he can do so after chatzot.[25]
Picking Up from a Store
- It is permitted to pick up dry cleaning, utensils, or other items from a store on erev pesach after midday if it is needed on Pesach.[26]
Before Midday
- If the custom in the community is not to work before chatzot, then one should follow that custom. If the custom is to work, then one is permitted to work.[27] Nowadays, the minhag is to work before chatzot.[28]
Traveling from One Place to Another
- If one travels to another community in which the minhag is different, he should always keep the more stringent standard. If he is visiting a place whose standards are more lenient, he should not be seen doing nothing.[29]
- ↑ Mishna Pesachim 50a, Shulchan Aruch 468:1.
- The nature of this prohibition is subject to a debate amongst the rishonim. Rashi (Pesachim 50a s.v. shelo la’asos) and the Meiri (Pesachim 50a) believe that this issur melacha will ensure that people prepare properly for the Pesach seder and dispense of chametz appropriately. It is clear that this prohibition is rabbinic in origin according to these rishonim.
- Others however, such as Tosafos (50a s.v. makom), cite the reasoning of the Yerushalmi (Pesachim 4:1). This is the opinion cited in M"B and Biur Halacha 468:1. The Yerushalmi explains that it is improper for one to perform work while his korbon is being brought. Hence, the obligation of korbon Pesach which begins at midday facilitates an issur melacha. While Tosafos claim that this would be a deoraysa prohibition, others such as the Ramban (Pesachim 16b in the dapei HaRif) claim that this is still a rabbinic prohibition.
- Many commentators wonder what the nature of this prohibition is today, considering the fact that we lack the opportunity to bring the korbon Pesach. The Ba’al Ha’maor (Pesachim 16b in the dapei HaRif) contends that the prohibition is solely based on minhag and the mitzvah of “sha’al avicha veyageidcha” (Devarim 32:7). Others, such as the Ramban (ibid), contend that the prohibition still applies because it was established by the rabanan and was not uprooted with the loss of the Beis Hamikdash.
- A close analysis of the Rambam indicates a different understanding of this prohibition. Initially, one may be confused as to whether the Rambam thinks this prohibition is due to the korban Pesach or more general Yom Tov concerns. On one hand, the Rambam places this prohibition in Hilchos Yom Tov (8:17-18) and not in Hilchos Korbon Pesach. He places the issur alongside the issur to perform melacha (from zman mincha and on) by other Yomim Tovim. Additionally, the Rambam compares this issur to that of Chol HaMoed and refers to both prohibitions as midivrei sofrim. On the other hand, however, the Rambam explains that the prohibition on erev pesach is more pronounced because of the shechitas hapesach and chagiga. This seems to be highlighting the prohibition’s connection to the korbon Pesach. To answer this question, we may be able to suggest that the Rambam thinks that the hakrava of the korbon Pesach generates a quasi-yom tov with its own unique issur melacha. The practical impossibility of bringing the korbon Pesach does not cause the “Yom Tov” of korbon Pesach to cease to exist. (See the Shulchan Aruch HaRav (Orach Chayim 468:1) for a variation of this approach. The Ba’al HaTanya claims that the general prohibition to perform melacha on the day that one brings a korbon is rabbinic in nature. The issur melacha on erev pesach is an extension of this general principle. Hence, erev Pesach is a rabbinic yom tov that was placed on all of am Yisroel.)
- Pnei Yehoshua there explains that it is because the rabbis gave erev pesach the status of chol hamoed.
- ↑ Shulchan Aruch 468:2. Mishna Brurah 468:6-7 explains that it is even prohibited to perform melacha that is not considered gemurah for the sake of profit. Additionally, it is prohibited to perform melacha gemurah even if it is for the purposes of the upcoming Yom Tov.
- ↑ Hilchot Chag B'chag (Pesach p. 252)
- ↑ Rav Wosner (Kovetz Mbet Levi v. 1 p. 42)
- ↑ Bet Yosef 468:2, Shulchan Aruch and Rama O.C. 468:2, Levush 468:2, Mishna Brurah 468:8, Or Letzion 3:13:1
- ↑ Aruch Hashulchan 468:4. Shulchan Aruch 468:2 writes that it is not melacha gemura to write in the process of learning on erev pesach. However, Aruch Hashulchan writes that the minhag is to permit even writing a letter.
- ↑ Beiur Halacha s.v. mechatzot u'limala explains that according to Tosafot's reason if Pesach falls out on erev shabbat, melacha is not prohibited until mincha. But he adds that for Rashi the prohibition would still apply even when Pesach falls out on erev shabbat it would still be forbidden after mid-day, but concludes that most poskim hold like tosafot so one doesn't need to be stringent. Kaf HaChayim on Shulchan Arukh, Orach Chayim 468:3:1 is lenient on work on Friday when Erev Pesach falls out on Shabbat. Nitai Gavriel 2:45:18 agrees.
- ↑ Shulchan Aruch O.C. 468:1 quotes two opinions as to whether this is permitted. The Rama writes that the minhag is to be lenient. Rav Wosner (Kovetz Mbet Levi v. 1 p. 42), Hilchot Chag B'chag (Pesach p. 253), and Yalkut Yosef 468:1 are lenient.
- ↑ Magen Avraham 468:3, Mishna Brurah 468:7, Rav Wosner (Kovetz Mbet Levi v. 1 p. 42). Rambam (Hilchot Yom Tov 8:18) writes that on erev pesach after chatzot it is asur to do melacha midirabanan like chol hamoed and it is more lenient than chol hamoed.
- ↑ Rav Wosner (Kovetz Mbet Levi v. 1 p. 42)
- ↑ Nitai Gavriel 2:45:5, Otzar Halachot (v. 7 p. 408 n. 4). Shemirat Shabbat Kehilchata 42:40 permits business after midday but writes that the minhag is to close the stores an hour before sunset. In the footnote (ch. 42 fnt. 137) he cites Bet Dovid, who writes that the minhag is to close the stores from 2.5 hours before sunset, but doesn't comment.
- ↑ Hilchot Chag B'chag (Pesach p. 260)
- ↑ Mishna Brurah 468:7
- ↑ Hilchot Chag B'chag (Pesach p. 255)
- ↑ Piskei Teshuvot 468:6 and Yalkut Yosef 468:13 write that one may start a washing machine before midday although it will certainly continue to run after midday.
- ↑ Orchot Rabbeinu (vol. 2 page 56), Shemirat Shabbat Kehilchata (ch. 42 fnt. 139), Yalkut Yosef 468:10, Or Letzion 3:13:1, Rav Wosner (Kovetz Mbet Levi v. 1 p. 42).
- ↑ Rama O.C. 468:2. Mishna Brurah 468:8 writes that you can also do these things for others without pay.
- ↑ Maharshal (Smag Lavin 75), Taz 468:2, Shemirat Shabbat Kehilchata 42:41, Rav Wosner (Kovetz Mbet Levi v. 1 p. 42), Hilchot Chag Bchag (Pesach p. 254), Or Letzion 3:13:1, Otzar Halachot (v. 7 p. 409). There is an even stricter opinion of Pri Chadash 468:1 who forbids even getting a non-Jew to cut his hair on erev pesach after midday.
- There is a major question why it isn't permitted to cut your own hair on erev pesach after chatzot. Magen Avraham 468:3 writes that anything which is permitted on chol hamoed is permitted on erev pesach after chatzot. That includes tzorech hamoed and cutting hair should be tzorech hamoed (as is evident from Moed Katan 14a). On chol hamoed it is forbidden only because of a gezerah, lest a person not cut his hair before the moed, but that shouldn't apply to erev pesach. Also, even if that gezerah did apply to erev pesach it should be forbidden even if a non-Jew cuts the hair, similar to chol hamoed.
- Rav Moshe (Mesorat Moshe v. 3 p. 126-7) was bothered with this. He said that it appears that there is a gezerah not to cut one's hair after chatzot so that a person does it beforehand.
- Tefilah Lmoshe 4:35:4 quotes Zera Emet and Chikrei Lev who answer that it is forbidden to cut one's hair after chatzot since it is possible to do so before chatzot. Tefilah Lmoshe challenges this because it should still be permitted as a tzorech hamoed.
- Tefilah Lmoshe answers that erev pesach after chatzot is like a holiday in it of itself so it is forbidden to do a tzorech hamoed for yom tov, which is a different holiday.
- ↑ Nitai Gavriel Pesach v. 2 p. 251, 46:5 based on Chazon Ovadia p. 89 and Shaarim Hametzuyim Bhalacha 113. Yalkut Yosef 468:7 permits shaving yourself if you forgot to do it after chatzot. He doesn't require getting a non-Jew. Rav Moshe Levi (Tefilah Lmoshe 4:35) permits cutting one's hair on erev pesach after chatzot onself but not by someone else. Also, he doesn't allow shaving. Or Letzion 3:13:1 forbids hair cutting after chatzot but permits shaving after chatzot since people usually do it themselves.
- ↑ Mishna Brurah 468:5. There is a discussion in the poskim as to whether it is prohibited for a Jew to give himself a haircut. The implication of the Rama in Yoreh Deah 399:3 is that it is permitted for one to give himself a haircut. However, later poskim dispute the issue. For example, see Shulchan Aruch HaRav 468:4 who rules that this is prohibited. Yalkut Yosef 468:7 permits a Jew to cut his own hair after chatzot if he forgot to cut it in the morning or beforehand.
- ↑ Rama 468:2
- ↑ Mishna Brurah 468:7. Piskei Teshuvot 468:6 says that even for a Jew to use a washing machine is forbidden but says it is permitted to turn on the machine before mid-day even if it will do the washing afterwards. Shemirat Shabbat Kehilchata ch. 42 fnt. 139 isn’t sure about laundry in a laundry machine.
- ↑ Yabia Omer 1:32, Shearim HaMitzuyanim BiHalacha 133:6, Shemirat Shabbat Kihilchita (ch. 42 fnt. 173), Rav Wosner (Kovetz Mbet Levi v. 1 p. 42), Piskei Teshuvos 468:4. Piskei Teshuvot 468:18 says polishing shoes is not allowed after chatzot, as does the Kitzur HaShl"a quoted in Teshuvot Vihanhagot 1:301. Hilchot Chag B'chag (Pesach p. 252) permits shining shoes after midday.
- ↑ Mishna Brurah 468:5, Shemirat Shabbat Kehilchata 42:41, Rav Wosner (Kovetz Mbet Levi v. 1 p. 42). Orchot Rabbeinu (vol. 2 page 56) writes that this can be done without restrictions. Sha’ar HaTzion 468:7 writes that it is permitted to cut one’s nails after chatzos if he forgot to do so beforehand. Aruch Hashulchan 468:3 quotes a dispute between Maharshal who forbids cutting one's nails after chatzot and Chok Yakov and Eliya Rabba who permit.
- ↑ Mishna Brurah 468:5. Orchot Rabbeinu vol. 2 page 56 says this can be done without restrictions. Sha’ar HaTzion 468:7 writes that it is permitted to cut one’s nails after chatzos if he forgot to do so beforehand.
- ↑ Shulchan Aruch O.C. 468:10
- ↑ Shulchan Aruch 468:3, Mishna Brurah 468:12.
- ↑ Levush 468:3, Chayei Adam 129:4, Aruch Hashulchan 468:5, Hilchot Chag B'chag (Pesach p. 257). Rav Shlomo Zalman Auerbach (Halichot Shlomo, Pesach, 8:5) also paskens that in Yerushalayim the issur melacha only begins from midday. Or Letzion 3:13:1 agrees.
- ↑ S.A. 468:4
